In the absence of specific trademark law, trademark registration can be obtained under Section 18(F) of Registration Act and Registration Direction 13. Remedies against passing-off can be applied for under Section 478 of the Penal Code, and against infringement under Section 54 of the Specific Relief Act and the Myanmar Merchandise Marks Act.
- Special Power of Attorney (POA) executed by the Applicant. This document must be duly notarized, authenticated and endorsed by the Myanmar Embassy/ Myanmar Consulate / Representative of the Government of the Union of Myanmar in some appropriate country for foreign clients;
- Declaration of Ownership of Trademark (DOT) executed by the Applicant. If any Declaration was registered in Myanmar prior to this registration it is to be attached with its copies. Attention should be paid to the fact that the DOT and the POA should be signed by the same person;
- Six (6) clear copies of the mark;
- A list of goods or services ( which closely follow the Nice International Classification);
- The full name, nationality and registered address of the applicant.
- Description of the trademark: meaning, colors claimed, translation or transliteration of characters into English if the mark contains foreign characters.
Publication shall follow registration of a mark and is optional to the Trademark Owner. A trademark cautionary notice is published in local newspapers to serve as a warning to potential infringers.
DURATION AND RENEWAL
Validity period of trademark registration is not prescribed by existing Myanmar laws. According to the current well-established practice, renewal of registration is usually done once in every three-year by one of the following options:
• Renewal by re-registration in the form of Declaration
• Renewal by re-publication in the local daily newspapers or weekly journals
• Renewal by both re-registration and re-publication
- Special Power of Attorney (POA) executed by the applicant. This document must be duly notarized, authenticated and endorsed by the Myanmar Embassy/ Myanmar Consulate/ Representative of the Government of the Union of Myanmar in some appropriate country for foreign clients.
- Declaration of Amendment of Trademark Ownership executed by the Applicant.
- A copy of previous registration.